Finch v. General Motors LLC et al

Filing 15

OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The magistrate judge's 14 recommendation is adopted; (2) Plf's 10 motion to remand is granted; (3) This cause is remanded to the Circuit Court of Bullock County, Alabama; (4) The pending 3 motion to dismiss is left pending for resolution by the state court; DIRECTING the clerk to take appropriate steps to effect the remand; This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 10/13/2017. (Attachments: # 1 Civil Appeals Checklist) (Certified copies of Opinion and Order and Docket Sheet mailed to Bullock County Circuit Court) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
KRUUZ FINCH, as the
Guardian and
Representative of Lamar
Hough,

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Plaintiff,
v.
GENERAL MOTORS LLC, and
RONALD GOSHAY, d/b/a Ron’s
Automotive,
Defendants.

CIVIL ACTION NO.
2:17cv542-MHT
(WO)

OPINION AND ORDER
Plaintiff, a citizen of Alabama, filed this lawsuit
in

Alabama

liability,

state

court

negligence,

bringing
and

claims

wantonness

for

products

against

two

defendants, one of whom is also a citizen of Alabama.
The

out-of-state

defendant

removed

the

case

to

this

court, but after plaintiff moved to remand the case,
acceded to the remand motion.

This lawsuit is now

before the court on the recommendation of the United
States

Magistrate

Judge

that

the

plaintiff’s

remand

motion be granted and that the case be remanded to
state court for lack of subject-matter jurisdiction.
There

are

no

recommendation.

objections

to

the

magistrate

judge’s

Upon an independent and de novo review

of the record, the court concludes that the magistrate
judge’s recommendation should be adopted.
***
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court that:
(1) The magistrate judge’s recommendation (doc. no.
14) is adopted.
(2) Plaintiff’s motion to remand (doc. no. 10) is
granted.
(3) This cause is remanded to the Circuit Court of
Bullock County, Alabama.
(4) The pending motion to dismiss (doc. no. 3) is
left pending for resolution by the state court.
The

clerk

of

the

court

is

DIRECTED

appropriate steps to effect the remand.

2

to

take

This case is closed in this court.
DONE, this the 13th day of October, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE